The cases brought in the names of Philando Castile, Terence Crutcher, Tamir Rice and Freddie Gray never made it to trial. Each was brought to a halt earlier in the civil court process. This is an all-too-common occurrence, says Joshua Newville, a civil rights attorney in Minneapolis.

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Madia Law’s Joshua Newville was quoted in the Minneapolis Star Tribune regarding the Supreme Court’s consideration Masterpiece Cakeshop v. Colorado Civil Rights Commission and a similar case pending in Minnesota federal court. Newville debated Alliance Defending Freedom‘s Jordan Lorence at the University of Minnesota Law School on November 8.

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A Minor Cannot Consent to Sex.

Minors under the age of 18 can’t consent to sex with adults under Minnesota state law.  An adult over the age of 22 who has sex with someone younger than 18 has engaged in statutory rape.  That includes police officers: police officers and law enforcement officials may not have sex with women under the age of 18.

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Today, presidential nominee Donald Trump said he would resume the practice of giving surplus military-grade equipment to local police departments, which President Obama banned in 2014. Trump said, “I think it’s ridiculous that they’re not” given the equipment.

I spoke with a journalist at the Wisconsin Reporter about the issue in 2014. It probably won’t surprise you that I disagree with Mr. Trump.

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A Riviera Beach, Florida police officer in now on paid administrative leave after a video recorded on a mobile phone showed him confronting a disabled U.S. Army veteran parked in a parking space reserved for individuals with disabilities. Although the veteran had a properly displayed handicapped parking permit, the police officer confronted him because, according to the officer, the veteran didn’t look disabled. The veteran began recording the incident and says that the officer slapped the phone out of his hand, damaging it. The police department says the incident is being investigated.

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Today, in light of the Supreme Court’s ruling in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), the United States Court of Appeals for the Eighth Circuit affirmed a Madia Law victory in Rosenbrahn v. Daugaard, a historic case challenging the constitutionality of South Dakota’s bans on marriage equality for same-sex couples.

On January 12, 2015, the United States District Court for the District of South Dakota entered judgment in favor of six same-sex couples represented by Madia Law, declaring:

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A Virginia police officer has resigned after being accused of using excessive force when responding to a call about a potential hit-and-run. Fredericksburg, VA Police Officer Shaun Jergens was among several who responded to a reported accident on May 4, 2015. Jergens, apparently like the other officers on the scene, assumed that a black man in a stopped car was being noncompliant.

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Historic, unprecedented, monumental… no single word fully encapsulates the magnitude and impact the past three years have had on marriage rights for gay and lesbian Americans. By the end of next month, the Supreme Court will decide whether gay and lesbians have a constitutional right to marry and whether states can permissibly deny them of that right by refusing to issue them marriage licenses and/or denying them recognition of out-of-state marriages. How did we get to this point? What is left for the Supreme Court to decide? What will be the impacts of the Supreme Court’s pending decision? To answer these questions, let’s reflect on the legal history related to marriage and gay rights that brings us to where we stand today, and may give us insight into where we’re headed next.

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In an article published in The Week on Friday, Scott Lemieux reminds readers of one of the most troubling aspects of the murder of Walter Scott in North Carleston, South Carolina: if it wasn’t for the fact that it was captured on video by a bystander the police didn’t know existed, chances are Michael Slager would not only not have been charged with murder, but he’d still be a uniformed police officer.

From the article:

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A problem with officers who engage in violations of the 4th Amendment (excessive force, unlawful arrest, and unreasonable search and seizure)  is that they fall into the habit of acting out of a perceived sense of superiority and/or anger, and generally are not held responsible for that behavior. Thus, they get used to being obeyed regardless of the situation and often forget that the people they interact with are human beings deserving respect and fair treatment under the law.

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United States District Court

District of South Dakota 

EMERGENCY MOTION

On January 12, 2014, the Court entered judgment, declaring:

SDCL 25-1-1, SDCL 25-1-38, Article 21 § 9 of the South Dakota Constitution, and any other provision of state law that precludes people from marrying or refuses to recognize an existing marriage, solely because the individuals are of the same gender are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

 

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(Sioux Falls, SD)– On January 12, 2015, on behalf of six same-sex couples, Madia Law won a historic civil rights victory in a constitutional challenge to South Dakota’s ban on marriage equality. From the New York Times and the Associated Press:

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Practicing in civil rights litigation, we see a lot of police officers abuse their power. Unfortunately, there are many reasons police misconduct usually stays out of the public spotlight. There are myriad systemic barriers to holding bad cops accountable for discrimination, excessive force, illegal search and seizures,  unlawful arrests, and more. They include:  gutting of civilian review authorities, failed oversight, use of squad and body cameras, non prosecution of officers by prosecutors, the militarization of police, powerful police unions, pocketed arbitrators, institutionalized racism, victims with criminal records, and many others.

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–FOR IMMEDIATE RELEASE—

(Sioux Falls, SD, Nov. 14, 2014)—South Dakota’s marriage equality lawsuit is moving forward after United States Judge Karen Schreier rejected the State’s motion for the case to be dismissed on Friday.

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In August 2012, I wrote about the problem with the City of Minneapolis dispensing with civilian review of police officers’ conduct. That year, the Minneapolis Police officers’ union, Velma Korbel and Susan Segal collectively took a nail gun to the coffin of the now-defunct Civilian Review Authority.

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Rule 68 of the Federal Rules of Civil Procedure contains an interesting and nuanced option for civil defendants to settle a case. Rule 68 states in part, “At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.” Fed.R.Civ.P. 68(a). Essentially, the defendant may offer the plaintiff a settlement amount to try and end the case.

Here’s the catch for the defendant: if the plaintiff accepts the offer, judgment is entered against the defendant. Similar to a plea bargain in a criminal case, the defendant is admitting liability to avoid going to trial.

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Today, the United States Supreme Court denied to review opinions issued by three appellate courts that declared bans on same-sex marriage unconstitutional. The practical effect of the order denying review is that, after the dust settles, 11 additional states will have marriage equality — bringing the total to 30 within the next few months.

For couples living in states without marriage equality, today’s announcement is bittersweet. While the Supreme Court’s inaction is a positive in that it expands the number of states where discrimination in marriage based on sexual orientation is not legal, it means more waiting for those who live in other states.

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In an alarming video posted to YouTube this week, two St. Paul police officers violently arrested and tazed a black man who was simply waiting in the skyway to pickup his children from New Horizon’s Academy. The CityPages reports that the man is Chris Lollie; his mugshot is posted below.

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